Lake View Man Pleads Guilty To OWI 2nd Offense

E-FILED 2013 DEC 23 9:27 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

EUGENE F WUNSCHEL JR ,
Defendant.

Case No: 02811 OWCR012478

INITIAL APPEARANCE
OWI

Charges:
01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE
Minimum 7 day jail sentence

The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:
Felony - Class
Aggravated Misdemeanor
Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail - Minimum days
2 Years Prison
And/Or a fine of not less than $1875.00 or more than $6250.00 plus 35% surcharge and
costs
You will lose your license for a minimum of 730 days and cannot obtain a work permit for
determined by DOT days.

1 of 3
4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this
Court.

5. (a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the Court
imposes the following conditions on your release:
(1) You must not use alcohol or drugs during the pendency of this matter.
(2) You must not drive while your license is under suspension.
(3) You must obey the laws of the State of Iowa and the United States.
(4) You are ordered to complete a substance abuse evaluation immediately at New
Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility
of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk
of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS
MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST
WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing
is:
Waived
Preliminary Hearing is scheduled on at : AM at the .

If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10
DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS
ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND
FINGERPRINTED.

If you need assistance to participate in court due to a disability, call the disability coordinator at (641)
421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.

Copies to:
County Attorney
The Court has provided a copy to the Defendant
Defendant
Sac County Sheriff
2 of 3
State of Iowa Courts
Case Number Case Title
OWCR012478 STATE OF IOWA VS. EUGENE FREDERICK WUNSCHEL JR.
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2013-12-30 09:27:46
3 of 3
IN THE IOWA DISTRICT COURT FOR
Sac
OlSTRIGTiCOUHlOF-ieWA
SAC COUNTY
FILED
2013DEC 30 AM 9:52
COUNTY
STATE OF IOWA or
Plaintiff/Petitioner,
vs.
Defendant/Respondent.
Criminal CivD
No. MOC^Qi^T]^
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: Birth Date:
Home Phone:^7 / j j ) ( g^ - 2^ l ( g Cell Phone: . E-mail:
Street Address: ,2. I f \Ji** S<- ; iA-k <- JjJ^ <^
Pending charges: CLpL- '2 G A ^ ' A . ^
Street/P.O. Box Apt# City
Do you have a job? No Job Yes, Full Time 5^ Yes, Part Time (List Hours/week:
State Zip
In Jail? QYes j^sTo
)
Who do you work for? ( <W^
How much money do you currentiy make before taxes or deductions?
/
per JZI hour month year
How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members are supported by or live with you? ri>
If a spouse lives with you, how much money does your spouse make? per hour month year
List all other money you, or anyone else living in your household, has coming in: \ i tj^^f
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100: ^%3uo 1 ^ f r CITVJAK \S<TP -
s
\ SffQ
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
Date / ?- 3Q- / 3 Signature
Rev. 1/6/12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

VS.


DEFENDANT.

02811 OWCR012478

ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:

The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.

Attorney Charles Schulte (712) 662-4715, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

1 of 2
Type: ORDER APPOINTING
So Ordered
2 of 2

STATE OF IOWA,

PLAINTIFF,

VS.


DEFENDANT.

02811 OWCR012478

ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:

The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.

Attorney Peter Goldsmith (712) 364-2421, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

Defendant requested a change of attorneys because of a conflict with Charles Schulte who
represents his ex-spouse.

1 of 2
E-FILED 2014 JAN 06 2:45 PM SAC - CLERK OF DISTRICT COURT
Type: ORDER APPOINTING
So Ordered
2 of 2
1
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012478
Plaintiff,
vs. TRIAL INFORMATION
EUGENE FREDERICK WUNSCHEL JR. ,
DOB: 09/11/1977
Defendant.
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa, and in the
name and by the authority of the State of Iowa accuses Defendant, Eugene Frederick Wunschel Jr., of the
crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated Misdemeanor
in violation of Iowa Code Sections 321J.2 committed as follows:
The said Defendant, Eugene Frederick Wunschel Jr., on or about December 22, 2013, in the
County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or more of
the following means:
a. While under the influence of an alcoholic beverage or drugs or a combination of such substances;
b. While having an alcohol concentration of .08 or more as measured in the person's breath, blood or
urine;
c. While any amount of a controlled substance is present in the person as measured in the person's
blood or urine.
And Defendant having been convicted of/received a deferred judgment for the crime once before; the said
Eugene Frederick Wunschel Jr. having been convicted of Operating While Intoxicated in Sac County
Iowa, Sac County Iowa District Court, Cause No. OWCR011475, on or about April 6, 2010.
A TRUE INFORMATION
/s/Benjamin John Smith
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
AT0008834
Sac County Courthouse
100 NW State St., Suite 9 Sac City IA 50583
Telephone: 712-662-4791 Fax: 712-662-4123
Email: attorney@saccounty.org
E-FILED 2014 JAN 08 8:54 AM SAC - CLERK OF DISTRICT COURT
2
NAMES OF WITNESSES-OWCR012478:
JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
DONNA GEERY, CLERK OF DISTRICT COURT, SAC COUNTY IOWA DISTRICT COURT
Type: Approval of Trial Information
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2014-01-08 08:54:47 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs


Defendant.


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is
scheduled on 01/15/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.

IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:
County Attorney
Defendant/Defense Attorney
Type: ORDER FOR ARRAIGNMENT
So Ordered

STATE OF IOWA,

Plaintiff,

v.


Defendant.

02811 OWCR012478

ORDER RESCHEDULING ARRAIGNMENT

The arraignment currently scheduled in this matter needs to be rescheduled.
Defendant requests a continuance of the arraignment. The request is granted.

IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on
02/05/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless
a written arraignment and plea of not guilty document in a form substantially similar to
that set forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with
the Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.

Clerk to Send Copies to:
County Attorney
Defendant
Defense Counsel

1 of 2
Type: ORDER FOR CONTINUANCE
So Ordered
2 of 2
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.


Defendant.


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on January 28, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 03/19/2014 at 11:30 AM at the Sac
Co. Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.

IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 04/08/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.

1 of 3
Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:
County Attorney, Defense Attorney or Defendant
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2014 MAR 18 4:47 PM SAC - CLERK OF DISTRICT COURT
THE !OWA D!STR!CT COURT FOR SAC COUNTY

STATE OF !OWA, )
) CR!N. NO. OWCR012+78
Plaintiff, )
) ORDER ACCEPT!NG PLEA
vs. ) AND JUDGNENT ENTRY
)
EUGENE FREDER!CK WUNSCHEL, JR., ) Charge - OW!, Second Offense
) Section - 321J.2, !owa Code
Defendant. )

NOW on the 19
th
day of Narch, 201+, the defendant submits his verified written Plea of
Guilty. The defendant is charged with Operating While !ntoxicated, Second Offense, an
Aggravated Nisdemeanor, in violation of Section 321J.2 of the !owa Code. The State appears by
Sac County Attorney, Ben Smith. The Defendant waives his personal appearance and appears
by counsel, Peter Goldsmith.
The written plea of guilty shows that the defendant's plea is voluntary, being freely and
intelligently made, with an understanding of the charge, with knowledge of the penal
consequences of the plea, with full knowledge of his constitutional rights, and that said rights
are waived by a plea of guilty, without any threats, improper inducements or persuasion, and
the Court finds there is a factual basis for the defendant's plea of guilty.
The written plea indicates the defendant's informed understanding of his rights
contemplated in the cases of State v. Sisco, 169 N.W.2d 5+2; Brainard v. State, 222 N.W.2d
711; and State v. Reaves, 25+ N.W.2d +88, all as shown in the defendant's written plea of
guilty, which plea is made a part hereof by this reference.
The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.
The defendant indicates his understanding of his right to additional time and the right to
file a Notion in Arrest of Judgment and the necessity of doing so at least five days prior to the
date set for sentencing and indicates his voluntary waiver of those rights and his desire to
proceed immediately to sentencing. The Court, finding the defendant's waivers are voluntary
and made with an understanding of his rights, accepts the waivers and proceeds to entry of
judgment. The defendant's counsel indicates he knows of no legal cause why judgment and
sentence should not be pronounced.
The Defendant is adjudged guilty of the offense of Operating While !ntoxicated, Second
Offense, an Aggravated Nisdemeanor, in violation of !owa Code Section 321J.2.
The Defendant is sentenced to be committed to the custody of the Director of the
E-FILED 2014 MAR 19 9:47 AM SAC - CLERK OF DISTRICT COURT
Division of Adult Corrections for a term not to exceed two years. All but the first 7 days of this
sentence is suspended. Defendant is given credit for time served, if any, as certified by the
Sheriff. The Defendant shall have this sentence served in full by September 19, 201+.
Defendant may participate in the Sac County Work Release Program facilitated by the Sac
County Sheriff. !n the event Defendant participates in the +8-hour Weekend Alcohol Program,
he shall receive credit towards +8 hours of the jail sentence.
The Defendant is further sentenced to pay a fine in the sum of $1,875.00, plus a 35
surcharge, a $10.00 D.A.R.E. surcharge, the court costs of this action, including correctional fees as
certified by the Sheriff. Defendant shall pay court-appointed attorney fees.
Defendant shall pay these financial obligations to the Clerk of Court of this county or online
at www.iowacourts.gov. Defendant shall pay the balance due according to a play of payment
developed by his probation officer.
On the suspended portion of this sentence, Defendant is placed on probation to the Sac
County Probation Office for a period of one year. Conditions of probation are as follows:
1. Defendant shall report to the Sac County Probation Office within 7 days of today's
date to sign up for probation supervision.
2. Defendant shall pay the balance due by way of a plan of payment developed by the
probationary supervisor.
3. Defendant shall obey all laws.
+. Defendant shall serve the jail sentence as required.
5. Defendant shall complete any recommendations outlined in the substance abuse
evaluation.
6. Defendant shall attend and successfully complete a course for Drinking
Drivers facilitated by the area community college or substance abuse treatment agency. The
Defendant is ordered to file proof of completion of the course for Drinking Drivers to the Clerk of
Court before the expiration of his probation. Defendant may complete this course via the +8-hour
Weekend Alcohol Program.
7. Defendant shall abstain from the use and possession of alcoholic beverages and
controlled substances.
8. Defendant shall not enter any business establishment where 50 or more of the
sales are from the sale of alcoholic beverages.
Any bond money previously posted is released and exonerated.
Appeal bond is set in the sum of $2,000.00.

COP!ES TO:
County Attorney
Defense Counsel
Sac County Sheriff
!owa D.O.T.
Sac County Probation Office
Type: OTHER ORDER
So Ordered

Lake View Man Pleads Guilty To OWI 2nd Offense

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E-FILED 2013 DEC 23 9:27 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 23 9:27 AM SAC - CLERK OF DISTRICT COURT

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